Alec Baldwin will soon be heading to court to face his involuntary manslaughter case following the tragic death of a camera operator on set of his Western film, Rust.
Halyna Hutchins died after being hit by a live bullet from a prop gun that Baldwin was holding. Now Baldwin and his defence attorney want the case completely thrown out as they claim the Sante Fe District Attorney's Office completely "violated" the Grand Jury process.
ABC news claimed Baldwin's lawyer accused prosecutors of "unethical disparagement of Alec Baldwin" and "violating nearly every rule in the book".
Baldwin was indicted on two counts on January 19, involuntary manslaughter, negligent use of a firearm, or, in the alternative, involuntary manslaughter without due caution or circumspection, following the accidental death of Hutchins in October 21 2021.
The actor was allegedly practicing a cross-draw when the gun fired. The prop gun was supposed to have blanks but instead had real bullets.
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Baldwin had previously been charged with involuntary manslaughter on January 31 2021, however, special prosecutors dropped the charges in April after learning of "new facts", which required additional review. However, after investigating further, they reconvened a grand jury.
If convicted, Baldwin could face up to 18 months in prison. Jury selection is set to begin on July 9 and the trial will run from July 10 to July 19. Baldwin has denied all charges against him.
On Wednesday, Baldwin's lawyers filed a motion to dismiss the indictment. In the court petition, Baldwin's defence attorney listed a number of alleged missteps by the prosecutors on the case, which they insisted threatened Baldwin's constitutional right to receive a fair trial.
The LA Times reported that in the motion, Baldwin’s lead lawyer Luke Nikas, accused special prosecutors Kari T. Morrissey and Jason J. Lewis of conducting a "sham" grand jury proceeding against the Hollywood actor earlier this year.
"State prosecutors have engaged in this misconduct — and publicly dragged Baldwin through the cesspool created by their improprieties — without any regard for the fact that serious criminal charges have been hanging over his head for two and a half years,
"Enough is enough. This is an abuse of the system, and an abuse of an innocent person whose rights have been trampled to the extreme," they wrote in the motion.
Earlier this month, Rust armorer Hannah Gutierrez-Reed, was found guilty of handing Baldwin real bullets just moments before Hutchins was shot dead. The 26-year-old from Arizona is due to be sentenced on April 15.